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Original Date Announced
March 20, 2020COVID-19: DHS announces that ICE will exercise prosecutorial discretion to defer the physical presence requirements for the Employment Eligibility Verification (Form I-9) until May 19, 2020. DHS also announces that any employers who were served notices of inspection (NOIs) in March 2020 and have not already responded will be granted an automatic extension for 60 days; at the end of 60 days, DHS will determine if an additional extension will be granted. [ID #990]
DHS announces flexibility in requirements related to Form I-9 complianceEffective Date
March 20, 2020Subsequent Trump-Era and Court Action(s)
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May 14, 2020
May 2020 Extension
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June 16, 2020
June 2020 Extension
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July 18, 2020
July 2020 Extension
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August 18, 2020
August 2020 Extension
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September 14, 2020
September 2020 Extension
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November 18, 2020
November 2020 Extension
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December 23, 2020
December 2020 Extension
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Biden Administration Action: Approved/Retained
January 27, 2021ICE Announces Extension to I-9 Compliance Flexibility (January 2021 Extension)
This Biden administration policy extends the Trump-era policy identified in this entry.
On January 27, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through March 31, 2021.
View DocumentBiden Administration Action: Approved/Retained
March 31, 20212021.03.31 ICE announces extension, new employee guidance to I-9 compliance flexibility
This Biden administration policy extends the Trump-era policy identified in this entry.
On March 31, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through May 31, 2021. The current extension also includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.
View DocumentBiden Administration Action: Approved/Retained
May 26, 20212021.05.26 ICE announces extension, new employee guidance to I-9 compliance flexibility
This Biden administration policy extends the Trump-era policy identified in this entry.
On May 26, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through August 31, 2021. The current extension also includes guidance for employees hired on or after June 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.
View DocumentBiden Administration Action: Approved/Retained
August 31, 20212021.08.31 ICE Press Release Announcing Extension
This Biden administration policy extends the Trump-era policy identified in this entry.
On August 31, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through December 31, 2021. The current extension also includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.
View DocumentBiden Administration Action: Approved/Retained
December 15, 20212021.12.15 ICE announces extension to I-9 compliance flexibility
This Biden administration policy extends the Trump-era policy identified in this entry.
On December 15, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through April 30, 2022. The current extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID19-related precautions.
View DocumentBiden Administration Action: Approved/Retained
April 25, 20222022.04.25 ICE announces extension to I-9 compliance flexibility
This Biden administration policy extends the Trump-era policy identified in this entry.
On April 25, 2022, ICE announced that it will extend its Form I-9 compliance flexibility through October 31, 2022. The current extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19 related precautions.
View DocumentBiden Administration Action: Approved/Retained
October 11, 2022ICE announces extension to I-9 compliance flexibility
This Biden administration policy extends the Trump-era policy identified in this entry.
On October 11, 2022, DHS announced it will extend its Form I-9 compliance flexibility until July 31, 2023 "due to the continued safety precautions related to COVID-19."
View DocumentBiden Administration Action: Modified
May 4, 20232023.05.04 ICYMI: ICE Announces Employers Will Have 30 Days to Reach I-9 Compliance After COVID Flexibilities Sunset on July 31
This Biden administration policy modifies the Trump-era policy identified in this entry.
On May 4, 2023, DHS and ICE announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. DHS encourages employers who have been using temporary flexibilities to plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by Aug. 30, 2023.
View DocumentBiden Administration Action: Modified
July 21, 20232023.07.21 Final Rule: Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9)
This Biden administration policy modifies the Trump-era policy identified in this entry.
On July 21, 2023, DHS announced it will make permanent Form I-9 compliance options "to conduct verification electronically" for certain employers "who participate in E-Verify and are in good standing" with the agency. The rule goes into effect August 1, 2023, and it will apply to workers hired after the rule's effective date.
View DocumentCurrent Status
Fully in EffectMost Recent Action
July 21, 2023 Action: Modified 2023.07.21 Final Rule: Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9)January 27, 2021Acted on by Biden Administration
March 31, 2021Acted on by Biden Administration
May 26, 2021Acted on by Biden Administration
August 31, 2021Acted on by Biden Administration
December 15, 2021Acted on by Biden Administration
April 25, 2022Acted on by Biden Administration
October 11, 2022Acted on by Biden Administration
May 4, 2023Acted on by Biden Administration
July 21, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Actions: Change in Practice Forms and Information CollectionSubject Matter: Employment VerificationAgencies Affected: ICEAssociated or Derivative Policies
- March 21, 2020 COVID-19: USCIS issues temporary E-Verify policies
Pre Trump-Era Policies
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In normal times, a new employee must present documentation to the employer from the List of Acceptable Documents (Form I-9 Instructions) that establishes identity and employment authorization. The employer is normally required to review the documents in the employee's physical presence and must accept the document(s) if the document(s) reasonably appears to be genuine and to relate to the employee.
8 CFR § 274a.2 - Verification of identity and employment authorization
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
ICE Announces Extension to I-9 Compliance Flexibility
- Biden Administration Action
- Biden Administration Action
- Biden Administration Action
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Biden Administration Action
Original Source:
ICE announces extension to I-9 compliance flexibility
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Biden Administration Action
Original Source:
ICE announces extension to I-9 compliance flexibility
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Biden Administration Action
Original Source:
ICE announces extension to I-9 compliance flexibility
- Biden Administration Action
- Biden Administration Action